The name has nothing to do with anything. Is his name on the birth cert? You need to file for custody but he is still likely going to get some visits. You can argue with supervised. He legally cannot flee with the child and leave the state, that would be some sort of custodial interferance and if paternity was never estalished meaning if he never signed the ack of paternity he has no rights. At this point I would not allow him to see the child without supervision until you go to court.